UNHCR Comments on the Government’s draft Migration Strategy
(2014-2020)
1. Introductory Remarks
UNHCR appreciates the opportunity to provide comments and feed-back to the
Government Migration Strategy (2014-2020) required by the European Union for the
planning of and access to national allocations of the future Asylum and Migration Fund
(AMF). It is also appreciated, that on 25 February 2013, the Ministry of Interior held a
one-day roundtable consultation with relevant stakeholders including international
organizations (UNHCR, IOM) and NGOs with a view to collecting their inputs for the
upcoming National Migration Strategy, in a structured manner.
We are concerned however, that the current tight time schedule and unfortunate
timing (August being the main season of annual leaves) may significantly affect the
possibility of stakeholders to offer detailed comments. As such, we would like to suggest
dedicating more time for feedback by NGOs, and other partners on the priorities and
proposed key actions related to the use of the Asylum and Migration Fund for the period
2014-2020.
UNHCR has also encouraged the meaningful participation of migrants, refugees and
asylum-seekers in the process of setting priorities and designing key actions towards the
implementation of the objectives identified by the Strategy. We believe that refugee
involvement will allow for better targeting of resources on the basis of identified needs
therefore enhancing effectiveness as well as efficiency. In this context, we recommend
that a reference is added to the Strategy acknowledging the central role of annual Age,
Gender and Diversity (AGD) participatory assessments in the process of setting up
priorities and designing, monitoring and evaluating activities on reception conditions and
integration under the AMF. Consideration should also be given to setting up a process to
ensure that AMF Annual Programmes are informed by AGD findings and
recommendations.
2. Positive features - general
Stateless persons (Chapter I/3., p.6.; Chapter V, p.63, 65)
It is noted with much appreciation that the personal scope of the document covers in a
systematic manner stateless people.
Persons of concern with special needs (Chapter V/6, p. 66-67)
It is noted with appreciation that the document recognises special needs of asylumseekers and renders the establishment of a mechanism to identify vulnerabilities and
special needs at an early stage. In case of asylum-seekers, such assessment is required by
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Article 22 of the recast Reception Conditions Directive1 and a joint OIN/UNHCR project
is being currently carried out with the Community Action of the European Refugee Fund
in order to establish such a mechanism in Hungary. It is recommended that a reference to
this end be included in the document.
Respect of the principle of non-refoulement (Chapter V, p.61.)
It is welcome that the respect of the principle of non-refoulement, an integral part of
customary international law is included in the Strategy, in compliance with relevant
international standards as well as the Hungarian Fundamental Law (Article XIV).
Mass arrival and related emergency (Chapter V/3, p.64)
It is welcome that the document covers the emergency situation arising as a consequence
of mass arrivals and stipulates the strengthening of the response capacity.
Civil society, international governmental organisations (Chapter I/5, p.8-9)
It is greatly appreciated that cooperation with civil society and international nongovernmental organisation is included in the document and presented as an essential
element.
Monitoring of forced returns (Chapter IV/8, p. 45, 55)
The Strategy rightly identifies as a shortcoming the lack of efficiency of deportation
monitoring. It renders the support of the effective monitoring as an integral element of
quality assurance in this field.
Sustainability of returns (Chapter IV/7, p. 46, 53)
It is appreciated that reintegration programs will be designed and implemented in order to
ensure sustainable returns of those who are not in need of international protection.
3. Gaps, shortcomings - general
Methodology
Consistency of the draft Strategy: While the draft strategic document lists several
challenges identified (current state analysis) and objectives (vision); the challenges and
vision points are not consistently translated into thematic objectives, priorities and
specific priorities. As such, there is no thematic objective for the fact that entitlements are
scattered, no complex integration programme exists which would coordinate / hold
together the system of supports/entitlements. The vision that the integration capacity of
municipalities should be examined is not translated into objectives. UNHCR therefore
recommends that attention is paid to address all challenges / vision points mentioned in
the draft document by naming thematic objectives and priorities.
Internal and external coherence of the document: The draft strategic document fails to
demonstrate a comprehensive relationship among the objectives of the different pillars of
1
Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down the
standards for the reception of applicants for international protection (recast)
2
the document. It remains to be seen how the different pillars of the Migration Strategy
will interact with each other. While the draft indicates that it has considered other
strategies, the contribution of other strategies / programmes and the influence of these on
the expected results of the program remain unclear. The draft strategic document does not
elaborate on planned integrated territorial approaches, either. For better accountability,
UNHCR therefore suggests that the strategic document systematically assigns an
objective and priorities to each identified need/challenge. It is advised that the
contribution and influence of related strategies and programmes are elaborated and
included in the document. In case of planned integrated territorial approaches, added
value of each document and avoidance of duplications should also be elaborated.
Monitoring and Evaluation
Hopefully, the Strategy will serve as a reference framework for a review or evaluation of
current asylum arrangements and/or the development of future government and other
stakeholders’ activities on programmes targeting persons of concern. At the same time,
the effectiveness of the – first ever in history - Migration Strategy itself will be crucial.
Monitoring and evaluation processes can assist the Government in evaluating its
performance and identifying the factors, which contribute to achievements and
demonstrate the need for further improvements. Monitoring and evaluation should be
oriented towards providing the ability to draw causal connections among the choice of
policy priorities, the resourcing of those policy objectives, the programmes designed to
implement them, the services actually delivered and their impact on persons of concern.
Monitoring and evaluation will help to identify how challenges should be addressed and
successes replicated. UNHCR notes with concern that the strategic document does not
contain any evaluation mechanism – besides naming the indicators – of the strategy.
Out of the 72 indicators mentioned in Chapter V on International Protection only 4
measure results, 68 only provide output indicators (such as number of conferences or
study visits held). In case of Chapter VI on Integration, out of 94 indicators 14 measure
results, 80 provide output indicators. It is suggested that indicators are included which
measure the results of the program.
Moreover, UNHCR strongly recommends that monitoring and evaluation of the
programmes do form an integral part of the overall strategy and their content is specified
in a Government Decree. UNHCR suggests that an ex-ante evaluation2 of the strategic
document takes place.
Furthermore, UNHCR recommends including civil society actors and external
evaluators in the monitoring and evaluation mechanisms that will contribute to their
transparency. The migration strategy should be evaluated by their beneficiaries as well as
service providers responsible for its implementation. Another step could include a wide
range of stakeholders involved (such as family support centres, labour offices,
educational institutions, NGOs, etc.). The organizations will need specialized training,
regular coordination and financial support.
2
Commission’s Communication (SEC (2001) 1197/6&7 on the Activity Based Management (ABM)
underlines the essential role of evaluation (including ex ante) as part of the management system
3
Content
Migration flows and the public opinion towards migrants, asylum-seekers and refugees
(Chapter I/4, p. 6; Chapter IV, p. 46)
When describing the general migration context, the Strategy perceives Hungary as
"primarily a transit country in the context of migration" - however also recognizing that
in the future this may change gradually and the country may become more and more a
destination country with “increasing migratory movements” (p.6). As rightly highlighted,
surveys and researches confirm that the Hungarian society is negative, suspicious rather
than being receptive or tolerant in terms of attitudes towards migrants in Hungary (p. 7374). It is also pointed out that the Government’s PR work is defensive (p. 61) and there is
a need for more pro-active media- and information campaigns in order to address social
stereotypes (p.75). However, the document fails to describe the current extent and level
of xenophobic movements are organised and the systematic use of social media in
stepping up against asylum-seekers and refugees. Drastically increased and intensified
negative community attitudes generally emerge at locations hosting open OIN reception
facilities and they are usually interlinked (while Tarki’s surveys found no increase in
xenophobia across the nation in 2013, indeed it was down 4% from 2012: 36% as
opposed to 40%). Multiple factors such as political ones (national and European
parliamentary and municipal elections in 2014) as well as migratory ones (sudden drastic
increase of migratory movements causing emergency situations) may have significant
impacts on the rise of xenophobic and racists movements, actions (see problems
prevailing in Balassagyarmat, Bicske, Debrecen and Vamosszabadi) in the future, too. It
is proposed therefore that a stand-alone chapter on Government Communication
Strategy be included in the document (i.e. not particularly attached to integration as it
should also cover asylum-seekers). Such communication strategy should be based on
regular surveys and researches. It should aim to generate community understanding,
awareness and acceptance about migrants, asylum-seekers and refugees. It should
combine a mix of community relations activities providing safe and structured process for
host communities to understand and get to know a bit of the residents of the centres and
migrants generally as well as traditional public communication activities (media liaison,
personal stories, social media, video clips and campaigns). This would allow a structured,
targeted and pro-active approach replacing the current scarce, re-active one. Furthermore,
the Government could study the experiences of other countries whereby governments
have undertaken proactive efforts to inform communities about asylum-seekers before
opening a new reception centre, resulting in more positive reception.
Stateless persons (Chapter I/3, p.6; Chapter V, p.63)
While it is noted with appreciation that the personal scope of the Strategy embraces
systematically stateless people, it is regretful that the Government does not seem to
consider the discontinuation of the requirement of lawful stay for access to the stateless
status determination procedure, stipulated by the national law. This requirement operates
as an exclusion clause and as such goes beyond the ones stipulated by the 1954 UN
Convention on the Status of Stateless Persons thus it is not compliant with the provisions
and spirit of the Convention. It is regrettable that good practices set by Hungary (such as
putting into place a formal mechanism and a related quality assurance mechanism to
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determine statelessness as well as significant efforts made by the Government to
convince other States to accede to the stateless conventions) have been overshadowed by
the hindrance of the access to the procedure in Hungary. The introduction of the
statelessness determination procedure (1 July 2007) hasn’t generated a pull effect in the
migratory context in Hungary and so the necessity to maintain the extra Convention
requirement cannot be justified by this argument either. It is strongly recommended
therefore that the Migration Strategy provides for the discontinuation of the above
mentioned requirement.
Best interest (p. 63 and 71)
Although the notion of the best interest is mentioned twice in the document, the Strategy
fails to clearly provide for a systematic, substantial implementation of the notion. While
this notion is the core value of child protection based on the UN Convention on the
Rights of the Child (1989) and so a sound obligation for states parties to the Convention,
in practice it has not been implemented and so no compliance is observed due to the mere
lack of a procedure/mechanism to assess the best interest of the given child in the given
situation of life. It is therefore strongly recommended that the Strategy specifically
stipulates the introduction of a Best Interest Determination Procedure in Hungarian
law. Reference can be made to the consultations UNHCR has carried out in Hungary. For
more details on this, please consult our comments to Chapter VI/9 on unaccompanied
minors (p.12).
The principles of complementarity and sustainability (Chapter I/5, p. 8)
The principles of complementarity and sustainability require that EU funding is used to
support activities that complement and add value to the already existing government
funded services. In this context, UNHCR has been and remains to be concerned that basic
(medical or social) services are provided on a contractual basis under ERF/AMF rather
than through the regular government budget that is additional to ERF/AMF. The Strategy
does not seem to change this long-standing tendency (see Chapter I/5, p.9.), therefore, it
is recommended that a clear statement on Government funding other than matching funds
be included in the Strategy. On the same note, it is also recommended that indications on
the proportions of distribution of the AMF national allocation among the different
fields be included in the document (i.e. % of funds to be allocated to visa policies, illegal
migration, legal migration, international protection and integration) in order to prevent
that certain fields become marginalised.
Victim protection (Chapter V, p. 61)
Although references to the risk of victimisation in the context of trafficking in human
beings and forced prostitution are included in Chapter V on International Protection,
similar risks cannot be excluded in the context of illegal migration as well. It is
recommended therefore to actually highlight this issue under the principles (Chapter I/3)
as well as include a strong component on victim protection which is missing at the
moment. While it is fully understood that the current Government draft Strategy is
closely linked to the existing Government Strategy on Trafficking (Chapter I/7, p. 11),
because of the inefficiencies of the current Hungarian system (also indirectly admitted by
the Strategy when elaborating on the risks threatening foreign UAMs at the moment), as
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well as the importance of the issue, it is suggested that this issue be specifically
highlighted here as well as in Chapter IV/9 (p.55) on promoting efficiency of fight
against abuse.3
Mass arrival and related emergency (Chapter V/3, p. 64)
UNHCR welcomes that the document covers the emergency situation arising as a
consequence of mass arrivals and stipulates the need to strengthen response capacities,
however, it is of utmost importance that certain minimum standards for treatment and
services asylum-seekers and beneficiaries of international protection are entitled to be
established without compromising basic human rights. It is strongly suggested that the
Strategy makes explicit reference to this need of establishing such minimum standards in
national law.
Integration (Chapter VI)
UNHCR welcomes that the Government has prioritized integration as one of the pillars of
the Migration Strategy. However, given the complexity of the issue and the need for
better accountability, UNHCR suggests that a separate Integration Strategy is
elaborated in order to create a comprehensive framework taking into account all
dimensions of integration.4 While it is often assumed that general integration policies
should address persons in need of international protection along with other categories of
migrants, UNHCR notes that refugees and beneficiaries of subsidiary protection may –
and usually do - have special needs and face particular challenges with regard to
integration due to past experiences of persecution, flight and exile. UNHCR notes the
need for targeted/specialist services for refugees that address their specific needs and
complement mainstream support services and facilitate an effective access to these
services. Refugee integration measures can only be successful if they are part of a
broader strategy actively promoting equality and seeking to transform public institutions
and the society at large. Nevertheless, UNHCR encourages the Hungarian government to
list the specific needs of refugees. For more details, please consult our detailed
comments to Chapter VI (see p. 9-12).
Lack of exit strategy (Chapter IV, p. 44)
One of the major shortcomings of the current migration management system/regime is
the identification and rendering solutions for those whose return to their countries of
origin or a safe third country is not possible for other reasons than human rights basically for technical reasons - fall through the cracks after they spent protracted periods
3
Reference is made to the UN Joint Commentary on the new EU Directive on human trafficking, available
at: http://www.unhcr.org/refworld/docid/4edcbf932.html and http://www.unhcr.org/4ee6215e9.html
4
Reference is made to the UNHCR Note on Refugee Integration in Central Europe which lists the
following dimensions of integration: These are: the link between the reception and integration phases,
refugee integration and mainstreaming, the legal dimension of integration (naturalization); housing
employment, education, health, public relief and Social Security; Language Learning and Cultural
Orientation ;Building Bridges and Fostering Participation; Family Unity and Reunification Funding for
Integration, available at: http://unhcr.org.ua/img/uploads/docs/11%20UNHCR-Integration_note-screen.pdf
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in detention and in open facilities in Hungary. The current regime foresees their transfer
to and stay in the open OIN facility in Balassagyarmat; however, after a limited period
their entitlement to stay in a state run facility expires. At that point, they are supposed to
leave the facility, however, with no assistance whatsoever provided to them after the
moving out. This can make even active, able-bodied and able-minded adults vulnerable,
not to mention foreigners with special needs such as mental cases, PTSD, persons
suffering from illnesses such as diabetes etc. Such an un-facilitated exit has also
negative consequences for the local community and may raise concerns relevant to
security, public order and health. This problem is identified and recognized by the
Strategy however no solution is rendered to it. It is recommended therefore that the
Strategy elaborate sustainable programs which assist this group after moving out from the
OIN facilities.
Monitoring of detention (Chapter IV/8, p. 45)
The Strategy rightly identifies the lack of efficiency of detention monitoring in Hungary.
However, this problem is articulated exclusively in the framework of Chapter IV on
Illegal Migration, not mentioning the same in the context of the recently introduced
asylum detention. Even in the context of illegal migration, the Strategy fails to render a
solution to the problem. European Court of Human Rights (Strasbourg) decisions, EU
procedures against Hungary and other critical findings do confirm that the current system
of detention monitoring is indeed insufficient in Hungary. An independent national
monitoring mechanism is to be established as of January 2015 in order to implement the
Optional Protocol of the Convention Against Torture within the Office of the Hungarian
Ombudsman. However, the introduction and/or support of an effective monitoring system
as an integral element of quality assurance in this field may prove to be useful and
reference to this in the Strategy is recommended.
Responsibility for running asylum detention (Chapter I/5, p.9)
When describing roles and responsibilities, the Strategy fails to specify OIN’s role in
running the new form of detention in Chapter I/5 (p.9). As the Strategy apparently does
build on this new form of detention on the long run (see Chapter V/3, p. 64), it is
suggested that the responsibility of OIN be specifically mentioned in this regard in
Chapter I/5.
4. Chapter V: International protection – specific considerations
Resettlement (Chapter V/2. p. 64)
While UNHCR appreciates Hungary’s current engagement as well as future plans on
continuing engagement in responsibility sharing through resettlement and relocation, it
has been observed with concerns that there is no intention or at least mention on the
setting up of an institutionalised system for such movements as well as the integration
of beneficiaries of resettlement and relocation. Experiences and lessons learnt in the
Hungarian context show that ad hoc arrangements are insufficient and cannot replace a
structured, planned, and comprehensive and multi-institutional approach. It is suggested
therefore that the document makes specific mention of an institutionalised system in the
context of resettlement and relocation, this system being complementary to the general
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integration system and public services, while acknowledging and addressing the specific
needs of resettled or relocated refugees. UNHCR stands ready to provide assistance in
developing such a resettlement program.
Flexible asylum regime (Chapters V [p. 60-61] and V/3. [p. 64-65])
The document rightly mentions that a flexible asylum regime is able to address large
scale influxes and handle complex, mixed migration flows. This need is addressed in
particular by UNHCR’s 10-point Plan, a tool developed in 2006 in response to the many
challenges inherent in identifying and protecting refugees travelling within broader
movements of persons. It provides a number of practical suggestions to assist States in
developing and implementing protection-sensitive migration strategies, that is, strategies
that take into account the needs of refugees and other specific groups of persons
travelling in mixed flows5. It is recommended that a reference is made to it by the
Strategy.
Asylum Procedures (Chapter V/4., p. 65)
Unlike Chapter V/5. (p. 65-66) on the prevention of abuses, this chapter fails to mention
the existing UNHCR-OIN joint quality assurance mechanisms (for the asylum
procedure and the stateless status determination procedures). It is suggested that a
reference is included to this chapter.
Protracted court proceedings (Chapter V, p. 61-62)
Among the shortcomings, the Strategy particularly mentions that protracted judicial
proceedings result in financial and security risks. This statement is not corresponding
with the findings of researches on European judicial structures and efficiency in
reviewing asylum decisions. A survey conducted by the Hungarian Helsinki Commitee
found that the Hungarian judicial system is one of the most efficient in Europe with the
shortest deadlines articulated by law for making decisions and relatively short procedures
in practice.6
Civil society (Chapter I/5, p.8-9; Chapter V p. 61)
While it is greatly appreciated that cooperation with civil society is included in the
document and presented as an essential element, however, it is noted with regret that the
Strategy fails to address relevant shortcomings such as relationships with NGOs are weak
(p. 61). Indeed, a more structured and inclusive cooperation with and engagement of
NGOs is much needed. This would include structured on-going dialogue, systematic
provision of information as well as engagement in preparation of policy decisions.
5. Chapter VI: Integration – specific considerations
5
Refugee Protection and Mixed Migration: 10-point Plan in Action, UNHCR, February 2011, available at:
http://www.unhcr.org/cgi-bin/texis/vtx/home/opendocPDFViewer.html?docid=4d52864b9&query=10point%20plan
6
Hungarian Helsinki Committee: Structural differences and access to country information (COI) at
European courts dealing with asylum, Budapest, 2011, available at http://helsinki.hu/en/structuraldifferences-and-access-to-country-information-coi-at-european-courts-dealing-with-asylum
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Target Group (p. 69)
UNHCR notes that integration measures are only directed at beneficiaries of international
protection while the plans of the Government remain unclear in case of persons with a
tolerated status. As the amendment of Act II of 2007 on the Admission and Right of
Residence of Third-country Nationals reduces the length of stay in reception facilities for
persons with a tolerated stay to two months without amending the conditions for taking
up employment, which may lead these individuals towards unlawful employment.
Unlawful activities can endanger public order and enhance the already high level of
xenophobia in Hungary. UNHCR recommends therefore that the Government considers
integration measures also in cases of persons with a tolerated stay taking into account
that even persons with a tolerated status have to provide for their families and should be
seen as active and active members of the society. This objective that foreigners should be
seen as useful members of society is also reiterated in the draft Strategy.
UNHCR notes furthermore that the personal scope of the document also covers stateless
persons, however, however, in details it remains silent on how stateless persons would be
facilitated to integrate and access social and economic rights.
Current state analysis (p. 69-74)
General issues
Priorities and areas of concern
According to the UNHCR Note on Refugee Integration in Central Europe, the following
areas need to be considered in relation to the integration of beneficiaries of international
protection: the link between the reception and integration phases, refugee integration and
mainstreaming, the legal dimension of integration (naturalization), housing, employment,
education, health, public relief and social security, language learning and cultural
orientation, building bridges and fostering participation, family unity and reunification
and funding for integration. Therefore, UNHCR reiterates its initial position on a
Migration Strategy (drafted with the civil society) shared with the Ministry of Interior on
25 February 2013 calling for the inclusion of the following additional priorities and areas
of concern in the Chapter on Integration of the Migration Strategy:
Health (strategic objective: health services for persons granted international
protection integrated into the mainstream health care system, especially effective
access to psychiatric health care is ensured. In this context it is important to
consult the State Secretariat for Public Health, as PTSD counseling is not billable
in the current system)
Legal dimension of integration (Strategic objective: For those persons granted
international protection who wish to stay in Hungary access to citizenship is
facilitated)
Family reunification (Strategic objective: All persons granted international
protection can genuinely and fully exercise their right to family reunification in
Hungary.)
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Participation: Strategic objective: the self-organization of migrants and refugees is
strengthened, persons of concern actively participate in the decision-making
process affecting their situation.
Reference period
The Hungarian Government is introducing a significant change in the integration
regime, moving away from OIN-run camp based integration to a community based
system. However, the new integration system will only be operational as of January 1
2014, which falls beyond the time frame of the current state analysis and so the draft
strategic document lacks consistency as it mixes the two systems (reference is made to
the section on Hungarian language training and education which indicates the existence
of pre-integration facilities). UNHCR therefore suggests that the current state analysis
uses a consistent methodology focusing only on the present situation, leaving future
plans for the vision section. Part of this vision will also need to be an analysis of the full
set of modified services, which will need to be accessible to refugees in private lodging
effectively replacing support currently provided through camp based reception.
Specific needs of refugees
The current state analysis fails to make a clear distinction between the specific needs of
beneficiaries of international protection and other migrants. UNHCR therefore suggests
that systematic distinction is provided on the challenges different types of migrants face.
SWOT Analysis (p. 74)
According to the current Draft, no differentiation is made between the different levels –
institutional, macro and micro levels – of concern. In order to avoid confusion and to
prioritize outstanding issues, it is suggested that the SWOT analysis differentiates
between the above mentioned three dimensions. In addition, UNHCR strongly
recommends including the following constraints/threats in the SWOT analysis:
No experience and, as a consequence, no proper impact assessment of the new
integration scheme at this stage, therefore, a systematic monitoring and evaluation
is needed as a first step;
Unpreparedness of service providers, institutional system
Vision (p. 75-76)
UNHCR welcomes that the Hungarian Government is moving away from OIN-run
camp based integration to a community based system. It is encouraging that this new
system shall be supported by an integration network (to be established) and by engaging
new partners such as municipalities (by mapping their capacities). However, the lack of
proper impact assessment of the new integration model and the lack of concrete plans on
the implementing government decree make it difficult to overall assess, evaluate the
applicability of the newly introduced mechanism. Furthermore, even in the community
based reception, it will be important to clearly re-establish the state responsibility for the
overall process, and affirm it through sufficient funds to other actors facilitating the
refugees’ reception and integration on the community level. It is recommended therefore
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that a monitoring and evaluation mechanism be put into place with the active engagement
on non-governmental actors.
Furthermore, UNHCR welcomes that the Government, through the introduction of a new
integration system, aims to better respond to the individual needs of the beneficiaries of
international protection. It is noted that the new system will be based on the conclusion of
an integration contract by the family support centres on one hand and the beneficiaries of
international protection on the other hand. UNHCR underlines that the integration
contract should be based on the acknowledgement of rights and obligations on behalf of
both parties: the beneficiary of international protection and the service provider.
UNHCR further welcomes that the Strategy foresees continuous training activities for
civil servants who will be tasked to assist the migrants in order to allow for a smooth
hand-over, to establish a sustainable system and to respond to newly arising questions
and needs. At the same time it is noted that certain points of the Vision are not translated
into objectives and thus in concrete actions (such as mapping the labor market and
accommodation opportunities in some of the municipalities etc.)
Specific Objectives
Drafting and implementing the Migration Strategy (Chapter VI/1, p. 77):
UNHCR urges that refugee integration measures form part of broader efforts in
Hungary to ensure protection from discrimination, equitable treatment and access to
opportunities on the basis of equality for all.
UNHCR recommends that the authorities consider appointing an integration focal point
of considerable seniority and decision making capacity in each relevant department in the
key ministries. Focal points thus should be appointed in the fields of reception
arrangements, education, housing, public relief and social security, language learning and
cultural orientation, family reunification, employment, health, naturalization,
participation, and funding. The focal point should be tasked with promoting the
mainstreaming of refugee and migrant integration and ensuring that the department
delivers on its commitments on equitable treatment for refugees and other third country
nationals.
Integration policies can be more effective if underpinned by systems and structures that
allow for coordination and dialogue among all key stakeholders involved in refugee
integration as well as in the provision of mainstream services at community level.
Therefore, UNHCR welcomes the establishment of an Integration Forum, which will
bring together the focal points and key actors in developing, monitoring, evaluating and
coordinating integration services and activities. Chapter VI./7 “Enhancing the social and
political activity of migrants” should receive special attention: involving refugees in the
planning, implementation, monitoring and evaluation of integration policies and
supporting their participation at the Integration Forum should be the first step.
Intercultural training and education (Chapter VI.2, p. 77-78)
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UNHCR welcomes that the Government plans to introduce programs for the social
inclusion of migrant children. At the same time, it is recommended that programs focus
on ensuring full and effective participation in a flexible and migrant-specific needsbased education system. In this respect, access to normative support available is crucial.
The programs should facilitate integrated education while ensuring necessary access to
language preparatory courses. Besides studies on access to education – reference is made
to the recommendations of already existing reports7 -, the Government should provide for
proper statistical data collection, as currently no statistical information is collected or
maintained on the enrolment and retention rates of school-aged asylum-seeker and
refugee children. The Working Group on Education set up within the Office of
Immigration and Nationality can be an important forum for coordinating activities and
ensuring complementarities between different programs envisaged under the AMF and
the European Social Fund. In this context, UNHCR encourages the authorities to adopt an
integrated education strategy. While providing for needs-based targeted action, such
strategy would establish the framework for considering the needs and requirements of
refugee and migrant children and young people in tandem.
Migrants’ participation in post-secondary education (Chapter VI.3, p. 78): UNHCR
welcomes that the Strategy plans to support migrants who wish to study in postsecondary education. In this respect the availability of post-secondary education
scholarships for refugees would be crucial as currently access is mainly limited due to
lack of post-secondary educational support.
Specific training enhancing labor-market integration of refugees (Chapter VI.4, p. 78):
UNHCR welcomes that the authorities committed to review the language training
arrangements. In this respect, UNHCR recommends the introduction of integrated
language training which takes into account special needs of beneficiaries and is
embedded in continuous quality assurance.
Access to employment through training and incentives for employers (Chapter VI.5, p.
78-79):
UNHCR welcomes the proposed measures aiming at enhancing access to employment. It
is suggested that emphasis is put on practical arrangements which facilitate access in
practice. UNHCR supports the use of economic incentives or other measures aiming to
prevent or compensate for disadvantages faced by refugees in the labor market due to
past experiences of persecution and flight or because of discrimination on grounds of race
or ethnicity. Such measures might include targeted vocational programs, support in
business-start up, wage and social security contribution support to employers employing
refugees. It is welcomed that the Government plans to introduce special measures to
enhance employment opportunities for persons with special needs. We further support the
development of cooperation agreements with private recruitment agencies.
UNHCR notes that the Strategy aims to respond to the needs of the labor market by
creating and operating training programs for migrants. In this respect, it is advised that
the Strategy includes specific measures providing to life-long learning opportunities.
7
UNHCR Report on Improving Access to Education for Asylum-seeker, Refugee Children and
Adolescents in Central Europe; http://www.refworld.org/docid/4e9bf50615.html
12
Housing (Chapter VI.6, p. 79): In UNHCR's view, safe, secure and affordable housing
plays a critical role in determining the overall health and well-being and providing a base
from which refugees can seek employment, re-establish family relations and make
connections with the wider community. According to a recent UNHCR commissioned
study by Menedek Association8, safeguarding access to adequate housing for refugees
and beneficiaries of subsidiary protection remains a challenge in Hungary today with a
growing number of refugees and beneficiaries of subsidiary protection facing
homelessness or a serious risk of becoming homeless. The challenges mentioned afore
might aggravate with the legislative amendments entering into force as of 1 January 2014
where refugees will only be able to stay in a reception facility two months after being
granted international protection.
UNHCR welcomes the introduction of supporting measures, which facilitate access to
housing for beneficiaries of international protection. Housing programs (such as the
Housing Program currently run by the Reformed Church) can be seen as a viable option
to complex integration support programs. According to the above mentioned study9 by
Menedek Association, in 2012 the admission interview for the housing program was
three times oversubscribed with 100 people, showing a significant gap between supply
and demand. With the availability of one housing program targeted at beneficiaries of
international protection in Hungary, access to housing for this group in a realistic manner
– as most of these people need support to establish their lives in Hungary – is far from
being assured. There is a need for additional housing programs, inclusive of social
housing that can accommodate a larger group of beneficiaries of international protection,
and to do so in a sustainable manner in the long-term.
At the same time, it is recommended that partnerships with municipalities and
enhanced NGO involvement - outsourcing professional services to the NGO sector,
such as supporting self-reliance, monitoring and provision of accommodation - are
examined. In this respect, availability of normative financial support is crucial.
Social and Political Participation (Chapter VI/7, p.79-80):
Article 34 of the 1951 Refugee Convention provides that States shall facilitate as far as
possible the naturalisation of refugees by expediting naturalisation proceedings and
reducing as far as possible the charges and costs of such proceedings. UNHCR reiterates
that all persons granted international protection should have access to facilitated
naturalisation procedures as beneficiaries of subsidiary protection will face the same
difficulties as refugees in fulfilling the conditions for naturalization. UNHCR therefore
advises the Government to treat the fact of being a beneficiary of subsidiary protection
also as a favourable element for the purposes of the procedure for granting nationality.
8
Where is my home? Homelessness and Access to Housing among Refugees and other Persons with
International Protection in Hungary - A study Prepared for UN High Commissioner for Refugees;
Budapest, 2013 (forthcoming)
9
Ibid, p. 19-20.
13
Moreover, it is crucial to abolish legal obstacles to naturalisation (permanent residence as
pre-requisite).
UNHCR welcomes the inclusion of persons of concern in implementing the integration
measures and establishing a mentor system. At the same time, it is recommended that
migrants have a central role also in the process of designing, monitoring and
evaluating integration policies and programmes. This would also entail a consultation
of refugees in the elaboration of the Migration Strategy and a systematic needs
assessment, carried out in partnership with the civil sector.
Welcoming society and intercultural dialogue (Chapter VI/8, p.80-81):
EXCOM Conclusion No.10410 encourages the implementation of activities that promote
the positive aspects of a diverse society and interaction between refugees, the local
population, civil society and refugee organizations. This is also a key theme in the
Common Basic Principles on Immigrant Integration which identify frequent interaction
between migrants and citizens as a fundamental mechanism for integration and encourage
the participation of migrants in the democratic process as well as in the formulation of
integration policies and measures. In this respect, UNHCR welcomes the supporting
measure of fostering collaboration between refugees and receiving societies through the
establishment of local level networks. Authorities are encouraged to bring together
relevant service providers, local authorities, representatives of civil society as well as
refugee representatives to support the development of specific projects that facilitate
dialogue between refugee and local communities and enable them to work together in
pursuit of common agendas and priorities. As for the specific measures targeting the
establishment of a more welcoming society and objective media, reference is made to our
general comments on Migration flows and the overall public opinion towards migrants
(Chapter 4) proposing the inclusion of a stand-alone chapter on Government
Communication Strategy in the document11.
Unaccompanied minors (Chapter VI/9, p.81)
UNHCR welcomes the plans of the Government to facilitate access to naturalisation for
unaccompanied minors and thus aligning protection statuses of refugees and beneficiaries
of subsidiary protection. While the Strategy clearly states that primary consideration
should be given to the best interests of the child, no reference is made on its practical
implementation under the specific objectives/measures. As the notion stipulated by
Article 3 of the UN Convention on the Rights of the Child is legally binding for Hungary,
it is strongly advised that the strategy specifically stipulates the introduction of a Best
Interest Determination Procedure in Hungarian law. Therefore, UNHCR suggests to
make reference to consultations UNHCR has carried out in Hungary and to include the
following specific measures in the Strategy:
Establishing an inter-ministerial Working Group to elaborate recommendations on
how the alien policing and child protection systems could be combined.
Amending legislation in order to provide children a humanitarian residence permit
automatically on the grounds of being children.
10
11
Conclusion on Local Integration http://www.unhcr.org/4357a91b2.html
See pages 3-4
14
Amending relevant legislation in order to list the tasks of the temporary guardian
(adding also his/her tasks in relation to BID).
Supporting training of temporary guardians.
While it is appreciated that the authorities intend to increase the protection of
unaccompanied minor refugees, it needs to be ensured that asylum-seeking and migrant
minors do receive all the necessary child protection and integration services they are
entitled to as being first and foremost children. While providing information on child
trafficking, UNHCR reiterates the need for an integrated approach as part of the best
interest process taking into account the specific needs of every single child.
Other issues: family reunification
With respect to integration, EXCOM Conclusion No. 104 notes the potential role of
family members in promoting the smooth and rapid integration of refugee families given
that they can reinforce the social support system of refugees. It is therefore suggested that
the Chapter on Integration of the Migration Strategy also includes specific objectives on
family reunification. UNHCR therefore encourages the Government to:
Taking all necessary steps to facilitate the timely reunification of unaccompanied
minors with family members;
Ensuring equality in the treatment of refugees and persons with subsidiary
protection;
Including a specific allocation in the AMF budget to cover the cost of travel of
family members reuniting with refugees and persons with subsidiary protection;
Elaborating practical guidelines on the handling of cases where the applicant
possesses a travel document not recognized by Hungary (in accordance with
Article 19 (2) of Act II of 2007 and in compliance with Council Regulation
2002/333/EC.);
Elaborating Standard Operating Procedures for consulate officials governing the
proper receiving and processing of family reunification applications, taking into
account the specific needs of refugees (also with regards to documents submitted
for visa application);
Training of personnel and elaboration of Standard Operating Procedures;
Allocating financial resources for supporting family reunification.
6. Funding
UNHCR notes that Hungary extensively relies on the ERF (and the AMF) to support the
running of fundamental aspects of the asylum system including refugee integration
services. According to the draft budget for the priority ‘Integration’ out of the 40
proposed measures there are only 2 which are financed by the State budget (these are:
drafting the Migration Strategy and the establishment of Integration Forum). State
spending other than that is not visible from the Migration Strategy. UNHCR suggests
including State spending/expenses relating to the integration of beneficiaries of
international protection in the draft budget.
15
12 August 2013
16